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18 December 1992
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37. In his submission to the Constitutional Court the Prime Minister, M. Dzurinda, argued that the point in issue was not governed by the Constitution. It followed from the principles of a State based on the rule of law, as laid down in Article 1 of the Constitution, that decisions which were not subject to any review should be permissible in exceptional cases only. It was generally known that the Slovak Information Service and its representatives were suspected of being involved in the offences covered by the amnesty. It was therefore in the general interest to have the matter elucidated. His predecessor’s decision to grant the amnesty in issue had been an abuse of power and contrary to the interests of the citizens. Observance of the principles of a State based on the rule of law required that the situation be remedied. The President or the Acting President was allowed to use the rights vested in him or her by the Constitution only within the scope of the constitutional principles in force in Slovakia. Reference was made to Declaration 47/133 adopted by the General Assembly of the United Nations on
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the beginning of April
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32. In his witness statement, serviceman A. submitted, inter alia, that after testifying to the investigator, he and serviceman T. were kept in the canteen of the police station for about a month. At
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28 January 1976
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33. On 8 July 1975 the Mayor of Gdynia issued a decision allowing W.P. to exchange the flat he was leasing in another building under the special lease scheme for the ground-floor flat in the applicant’s house. That decision was signed on behalf of the Mayor of Gdynia by a civil servant who was subordinate to W.P. On
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20 April 2006
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20. On 3 May 2006 Ms K. requested that the Bolnisi District Court hear her again in relation to the applicant’s case, stating that she had forgotten to testify in respect of a number of significant factual details when the court had previously heard her on
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31 October 1992
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23. In 1978, as a JNA medical officer, he was allocated a military flat in Sarajevo. Whilst he was transferred to Belgrade in 1989, his wife stayed in that flat until 1994. His military service was terminated on
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14 December 2001
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28. On 12 September 2003 the bailiff of the Tsentralnyy District Court of Moscow informed the first applicant that the bailiff service was no longer competent to enforce awards against the State. He instructed the first applicant to claim his award under the judgment of
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12 April 2006
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10. On 15 September 2005 the applicant’s petition for review reached the Supreme Court. Although section 273(4) of the Code of Civil Procedure prescribes a 60-day time-limit for the preliminary examination of a petition, it only took place on
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six years and six months
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23. On 28 August 2008 the Presidium of the Regional Court granted the applicant’s request for supervisory review of the judgment of 25 February 2005, reclassified the charge as an attempt to supply drugs, and reduced the sentence to
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3 July 2000
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8. The applicant company’s petition for review, lodged with the Supreme Court, was dismissed after an examination of the merits on 15 December 2009.
ALLEGED VIOLATION OF ARTICLE 6 § 1 OF THE CONVENTION
9. The applicant company complained that the length of the proceedings had been incompatible with the “reasonable time” requirement of Article 6 § 1 of the Convention.
10. The Government contested that argument.
11. The period to be taken into consideration began on
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the following Thursday, 7 April
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154. Finally, the court explained, for the sake of completeness, that:
“[t]he hearing of this application was scheduled for Friday 1 April 2011 but, because of pressure of other business, was unable to proceed on that day. The court was anxious, given the passage of time which had already occurred, that the hearing should not be postponed longer than was essential. It fixed on
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28 October 2005
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163. According to the respondent Government, Mrs Golubović's heir, Mr Steinfl, brought an action on 6 February 2007 against “the Ljubljana Bank, Zagreb Main Branch”, requesting payment of the outstanding deposits and interest as of
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the second day
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49. On 6 January 2004 the investigator discontinued the criminal proceedings due to the lack of evidence of a crime. He relied on the statements of the police officers denying the use of any force on the applicant, and information received from the temporary detention facility showing an absence of any complaints on the applicant’s part of any injuries during his detention there, and concluded that the injury had occurred on
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12 August 1995
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23. Since no information could be retrieved from S. B. as to the whereabouts of Yar. B., the search for the child was being carried out through a series of operational-search measures in accordance with the Operational-Search Activities Act (Law no. 144-FZ of
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5 March 2000
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12. When the servicemen arrived at the street they were looking for, the applicant asked them to let him out. Instead, the military hit the applicant in the kidneys and put a bag over his head. They ordered him to be silent and delivered him to the Temporary Office of the Interior of the Oktyabrskiy District of Grozny (“the Oktyabrskiy VOVD”, временный отдел внутренних дел Октябрьского района г. Грозного). According to the applicant, the officers who apprehended him could not know his identity because they did not check his identity papers.
(ii) The applicant's detention on
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7 November 2008
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24. On 28 and 31 October 2008 the applicants’ lawyer wrote two separate letters to the Foreigners’ Department of the Istanbul Security Directorate, reiterating his previous requests to have access to the administrative decisions against them. The lawyer reminded the authorities that the applicants’ access to the deportation orders against them was essential in order to exercise their fundamental right to challenge them before the competent authorities and the courts, particularly in view of the serious risks they would be exposed to if returned to China. The lawyer repeated these arguments in two subsequent letters he sent to the relevant authorities on 3 and
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13 February 2006
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20. By a judgment of 17 April 2006, the Bucharest District Court dismissed the criminal complaint. It held that even though the applicant could not prove the veracity of his statements, one element of the crime of defamation was missing, namely an intent to damage the reputation of N.C.I. It also held that the applicant, convinced by the accuracy of his statements, had only intended to present a case of corruption at university level. The most relevant part of the judgment read as follows:
“In the instant case, the defendant did not prove the accuracy of his statements despite the fact that on
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one year and six months’
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14. Following the above, the applicant was charged with copyright infringement. On 28 September 2009 the Timiryazevskiy District Court of Moscow examined the applicant’s case. At the trial, the applicant did not claim that M had asked him to have unlicensed software installed. He also confirmed that he had informed M in the course of the installation that the software had been counterfeit. M testified that the police had received information implicating the applicant in the distribution of counterfeit software and had decided to verify that information. The applicant pleaded guilty to copyright infringement but claimed that the police had incited him to commit the crime. The court convicted the applicant and imposed a suspended sentence of
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11 September of that year
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31. As to the applicant's allegations of ill-treatment, the court found:
“According to the entry in the medical file of [the applicant] and the medical report following his examination of 24 December, [the applicant] was found to have bruises on the left helix, the right and the middle zone of his chest.
[...]
Witnesses A., G. and S. – policemen of the Derbent Town Police – stated that no physical or mental coercion had been used in respect of [the applicant], the latter voluntarily told them that on
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21 July 1994
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17. On 10 May 2012 the Constitutional Court found that there was no violation of the applicant’s right to liberty. It concluded that the legal ground for the applicant’s detention was his conviction by the “Supreme Court of Serbian Krajina” of
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30 October 2007
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30. On 17 December 2005 the Fund instituted proceedings against the applicant company for determination of property rights to the transferred plot of land, claiming that the contract was null and void. On
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September 2004
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22. On 6 October 2008, in the context of an appeal for judicial review, the relevant Minister filed a memorial concluding that the birth certificates of Michelle and Benjamin Tanda were fraudulent. With regard to the alleged violations of Articles 3 and 8 of the Convention, he responded that it had already been shown that the applicant had abandoned his wife and putative children, that the parent-child relationship had not been established and that the applicant had not shown that he had maintained ties with them. The applicant responded by arguing that an anomaly in the referencing of the birth certificates was not sufficient to establish the doubtful authenticity or fraudulent nature of the documents submitted by his wife. He noted firstly, with regard to Benjamin’s birth certificate, “that it was not certain that the certificate sought by the authorities was related to the document in question, given that the first component of its reference number seemed to be made up of three figures, rather than two (“?78/2004”) (see paragraph 19 above), which would be more coherent, given the date it had been drawn up, in
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8 December 1994
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17. On 8 November 1994 the public prosecutor (no. 31583) sent a letter to the Gendarme Command in Malazgirt requesting a report on the matters raised in the applicant's allegations. He repeated his request in letters of
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October 2006
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44. On 3 April 2006 the applicant submitted a letter addressed to the Court to the prison correspondence unit. On 13 April 2006 the letter was registered under no. 16/4-0-8. In reply to a request made by the applicant in
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20 April 1998
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22. By a letter dated 15 April 1998 the Government requested that five witnesses, all officers in the gendarmerie, be heard. They stressed, however, that all necessary security measures should be taken. On
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9 January 2012
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58. On 5 December 2011, the third applicant made another asylum application, which was rejected by the Minister on 19 December 2011. The third applicant’s appeal and accompanying request for a provisional measure were rejected on
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every three months
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26. On 25 June 1999 the prosecutor informed the Diyarbakır prosecutor's office that the search for Mehmet Özdemir was ongoing and that he had requested the Security Directorate to inform him of any developments in the case
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10 March 2009
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105. On 27 February 2009 the applicant and his lawyer lodged an appeal against the decision of 24 February 2009. On 4 March 2009 the Regional Court sent a copy of the applicant’s appeal to the prosecution and other participants in the proceedings to allow them to file objections, as it was required to do under Article 358 § 1 of the Code of Criminal Procedure. On
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27 August 2008
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46. At a hearing before the Volodarskiy District Court of the Nizhniy Novgorod Region, the victims asked the court to terminate the proceedings since the applicant had fully compensated them for the damage and apologised. The applicant pleaded guilty of seven counts of theft and asked that the victims’ request be granted. On
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4 February 2001
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12. According to the applicant, his mother first learnt about his arrest on 6 February 2001 from his girlfriend, who in turn had learnt about it from a relative, a former law-enforcement officer. When the applicant's mother came to the investigator's office, she was reassured that the applicant did not wish other counsel. She was later told that the applicant was satisfied with the services of counsel D. According to the Government, the applicant's mother first learnt about the applicant's arrest on
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3 July 2008
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52. On 25 August 2008 the Zamoskvoretskiy District Court of Moscow ruled that the applicant's appeal against the Moscow FMS's decision should not be examined because the applicant had failed to eliminate the discrepancies referred to in the ruling of
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5 December 2003
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24. On 25 November 2003 the court invited the applicant to indicate the means and object of the enforcement, i.e. the debtor's assets against which the decision of 22 October 2003 could be executed. The applicant did so on
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7 December 1999
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12. On 5 May 2000 the Ministry of Justice refused to revise its earlier rejection (of 21 January 2000) of the first applicant’s asylum application and asked the Stavanger Police to implement the decision. It contained no mention of the judgment of
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2 July 2002
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21. On 28 November 2001 the prosecutor of the Tsentralnyy District of St Petersburg authorised the applicant’s pre-trial detention in accordance with the old Code of Criminal Procedure. This decision was upheld in a final decision of the City Court of
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October 1998
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9. A dispute arose as to the applicant's access to L. and A. On 9 June 1997 H.T. reported him to the police for allegedly having sexually abused L. She based her allegations on statements made by L. The mother gave statements to the police and L. was interviewed by a judge without anything significant emerging in the case. In July 1998 the State Prosecutor discontinued the investigation, which decision the Director of Public Prosecutions confirmed on appeal in
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29 May 2001
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23. In convicting the applicant, the State Security Court had regard to the applicant’s statements to the police, the public prosecutor and the investigating judge respectively. It also took into consideration his co-defendants’ evidence before the public prosecutor that the applicant had urged them to participate in the demonstration of
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five to ten years’
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6. On 7 July 1999 the Turkmen law-enforcement authorities issued a bill of indictment against the applicant for inflicting light and grievous bodily harm on two individuals on 4 June 1999 (the latter, more serious crime is punishable by
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1 October 2003
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28. On 30 September 2003 the Croatian Pension Fund stopped payment of the applicant’s pension. It found that the Social Insurance Treaty with Serbia did not cover YPA military pensions, and that there was no reciprocal agreement with Serbia in that respect, as required under the relevant domestic law, for the payment of pensions abroad. Pension payments were stopped with effect from
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26 August 2002
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23. Based on the above materials, the court found that, despite the early warning issued on 9 July 1997 (the content of which was not specified in the judgment), the Association had continued to commit breaches of domestic law on an even more systematic basis, which had led to the issuance by the Ministry of Justice of the three warning letters in 2002. The court noted that the Association’s Charter had not been brought into compliance with the domestic law on public associations, which required that a general assembly of members be held no less than once a year. In any event, even the five-year period for convening a general assembly, as required by the Association’s Charter, had not been complied with. The court further found that the Ministry’s findings concerning numerous irregularities during the general assembly meeting of
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12 September 1995
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102. At the privatisation auction Polinep proposed that it would invest USD 50,000,000 in NIUIF; this was the highest bid, so Polinep was declared to have won. However, Polinep immediately withdrew its bid. Walton made a bid of USD 25,000,000; this was the highest investment bid, so on
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15 June 2000
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6. By seven judgments of different courts of first instance of 18 May 2000, 29 February 2000, 17 December 1999, 24 March 2000, 5 April 2001, 25 April 2000 and 14 November 2001, which became final on
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5 June 2003
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34. On 12 July 2002 the applicant requested the reopening of the proceedings, arguing that several persons had committed criminal offences in relation to the examination of the case. In a judgment of
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slightly over two months
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31. In April 2008 the applicant’s medical record, including the results of the MRI scan in September 2006, was studied by the head of the medical unit of the correctional colony. His findings confirmed the rapid deterioration of the applicant’s condition, which could no longer be addressed by medication alone. The head of the unit recommended the applicant be admitted to the regional hospital for an assessment as to whether he would benefit from surgery. A month of treatment in the hospital with the usual chemotherapy regimen led, according to the medical record, to the applicant’s condition becoming “satisfactory”. A rheoencephalography performed in the hospital showed further progress of the illness, with concomitant serious disturbance of the cerebral blood flow. The applicant was again admitted to the regional hospital,
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11 March 1997
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25. On 4 November 1997 the Regional Government filed its comments on the applicant’s appeal. In these submissions, reference was made to the statements of the official expert concerning the revised version of the private expert’s opinion on
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24 February 2002
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29. On the other hand, the Diyarbakır Assize Court found that the applicant had been a member of Hizbullah and had ordered two other members of Hizbullah to kill two persons in furtherance of Hizbullah’s aims and that his order had been executed by those two members. In its judgment the court relied on (i) the applicant’s statement to the police made on
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10 July 1996
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16. On 25 June 1996 a warrant was issued for the applicant's arrest to bring him to court for a means inquiry to take place in respect of the sum of GBP 17,670 outstanding on the order. The inquiry took place on
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6 September 2007
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20. As confirmed by a postal acknowledgement of receipt, on 17 October 2007 the Supreme Court received a registered letter from the applicant’s representative, which had been dispatched on 12 October 2007 and which concerned the case under the number indicated in the ruling of
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three days'
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8. On 14 April 2003 the Graz-Umgebung District Authority issued a provisional penal order (Strafverfügung). Relying on sections 20(2) and 99(3)(a) of the Road Traffic Act, it sentenced the applicant to pay a fine of 181 euros (EUR) with
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22 April 1991
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30. The Plovdiv Regional Court gave judgment on 5 January 2001. The court determined that the value of the various objects to be partitioned and ordered the applicant to pay a sum of money to his daughter. Since the court relied on the objects' value as of
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no less than two months
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21. On 23 December 2004 the Deputy Prosecutor General submitted a request to the court for the extension of the applicant’s detention period until 28 February 2005. The relevant part of the prosecutor’s request reads as follows:
“The records of the documented audit carried out in this case must be obtained, depending on the conclusions of the audit, certain witnesses must be questioned, confrontations must be conducted, if necessary, accounting and handwriting analyses must be carried out, relevant steps must be taken for the reimbursement of the damage caused, Ismayilov Novruz Binnat oglu must be charged with additional offences in connection with the above-mentioned points, and following the end of these investigative actions, it must be determined which other persons in the circle have committed crimes, and the issue of their responsibility must be decided.
In order to carry out the said investigative actions,
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19 December 2001
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50. Two of the charges against the applicants (conspiracy to commit murder and murder of Mr Grişcenco) were not brought against them until 25 December 2001, during the court hearing, and those charges had been based only on statements made by one of the co-accused on
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between 12 April and 30 June 2006
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9. On 27 March 2006 the Katowice Regional Court ordered that the applicant should undergo a psychiatric assessment in a psychiatric facility. The applicant underwent this assessment in the psychiatric ward of Cracow Detention Centre
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6 December 2000
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14. The case was remitted to the Supreme Administrative Court, which delivered its decision on 5 November 2004 applying the decision of the Joint Administrative Chambers of the Supreme Administrative Court. It accordingly set aside the Board’s decision of
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10 January 1997
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7. In respect of plot no. 154/36, the first-instance court, on 16 October 1997, awarded the applicant additional compensation of 1,768,970,000 Turkish liras (TRL) (approximately 8,840 euros (EUR)), plus interest at the statutory rate, applicable at the date of the court’s decision, running from
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24 July 2013
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80. According to the data submitted by the Government, from 24 June 2010 to 31 May 2011 the territorial administrative units received 173 applications for ex nunc permanent residence permits and eighty-four applications for supplementary, ex tunc permits. Including the permits issued by the Ministry of the Interior, these applications resulted in the issuing of sixty-four ex nunc permanent residence permits and 111 ex tunc permanent residence permits, in some cases by the authorities ex proprio motu. Further proceedings were still pending. The deadline for submitting requests under the amended Legal Status Act expires on
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17 April 2006
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7. On 17 April 2006 the head of the district administration, Mr A. – the same person who was the principle target of the criticism by the demonstrators – informed the organisers that the district administration was opposed to the demonstration. In his letter of
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30 October 1997
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22. The applicant did not, however, leave the Netherlands and neither was he forcibly expelled. On 29 September 1997 he lodged a new request for a residence permit for compelling reasons of a humanitarian nature. This request was rejected by the Deputy Minister for Justice on
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6 June 1997
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23. On 28 January 2004 the court found against the applicant. It held that she had failed to lodge her claims within the three-month limitation period provided by Article 233 of the Labour Code, which had started to run on
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two years and three months
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24. The Office for Foreigners filled in a standard form on the applicant’s situation under Law no. 25/1969. It recorded therein the dates of validity of her visa, the fact that she had been unlawfully resident for
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4 October 2016
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6. The background facts relating to the planning, conduct and dispersal of the demonstration at Bolotnaya Square are set out in more detail in Frumkin v. Russia (no. 74568/12, §§ 7-65, 5 January 2016) and Yaroslav Belousov v. Russia (nos. 2653/13 and 60980/14, §§ 7-33,
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one to two months
|
17. The relevant provisions of the Code read, in so far as relevant, as follows:
Article 185-1
Breach of the procedure for organising and holding meetings, rallies, street marches and demonstrations
“A breach of the procedure for organising and holding meetings, rallies, street marches and demonstrations shall be punishable by a reprimand or by a fine of between ten and twenty-five times the minimum monthly wage.
The same actions committed within a year of the application of administrative penalties or by the organiser of the meeting, rally, street procession or demonstration shall be punishable by a fine of between twenty and one hundred times the minimum monthly wage, or by correctional labour of
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11 January 2002
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38. On 1 July 2002 the Münster District Court held a hearing attended inter alia by the applicants assisted by a lawyer, Mrs Haase's first husband, the curator ad litem, a lawyer and representatives of the Münster Youth Office, the experts G. and Professor K. and the children's paediatrician Dr J. Professor K. gave details of her visit to the applicants' home on
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23 October 1954
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17. On 10 October 1995 the Cologne Regional Court, following a hearing, declared the applicant’s action inadmissible. In the court’s view, Chapter 6, Article 3, of the Convention on the Settlement of Matters Arising out of the War and the Occupation (Vertrag zur Regelung aus Krieg und Besatzung entstandener Fragen – “the Settlement Convention”) of
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4 February 2000
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63. The investigation requested information from the Achkhoy-Martan hospital about the wounded who had been treated on 4 February 2000 and over the following days. In November 2000 the hospital confirmed that on
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29 September 2004
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26. On 20 August 2007 the applicants appealed to the Board of Appeals. On 29 November 2007, they were informed that the Board, after having examined the case (on 12 November 2007) had found it clear that the conditions for granting a patent had not been fulfilled in so far as concerned aircrafts. However, the application might succeed in respect of a more limited field of sea vessels. It was proposed that the patent requirements be formulated in a similar manner as proposed in the Board of Appeals’ letter of
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21 May 2010
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22. On the same day the Vinkovci Municipal Court (Općinski sud u Vinkovcima) issued an enforcement order, setting an eight-day time-limit for D.M. to comply with the third interim order or face a HRK 5,000 fine. Following an appeal lodged by D.M., on
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26 October 1998
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9. At the appeal hearing of 28 October 1991 the Tarnobrzeg Regional Court decided to stay the proceedings pending the termination of other proceedings for the establishment of the defendant’s ownership of the land. Those proceedings ended on
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fifteen years old
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11. On 16 September 1997, Mrs Tuquabo-Tekle and Mr Tuquabo filed a request for a provisional residence visa (machtiging tot voorlopig verblijf) for Mehret, in an attempt to have their (step)daughter, who was then
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5 April 2005
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40. On 17 January 2005 the Academy lodged an application for supervisory-review with the Presidium of the Court of the Khanty-Mansy Autonomous Region (“the Presidium”). The Academy alleged that the lower courts had incorrectly applied the substantive law and consequently the judgments of 17 January and
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16 May 2005
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35. The re-trial started on 28 November 2002.
From that date to 16 May 2005 the Regional Court scheduled four hearings, which were held on 3 February and 3 April 2003, 31 March 2004 and 16 May 2005. It heard evidence from a witness, an expert and the parties. The applicant modified his claim on
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October 1995
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63. In sum, the applicant had not shown in a credible manner that he had remained in the DRC until 17 May 1997. Neither had it been established where he had been residing between his expulsion from the Netherlands in
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almost one and a half years
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9. By decision of 5 April 2012 the Munich Regional Court II discontinued the proceedings in accordance with Article 206a § 1 of the Code of Criminal Procedure due to the death of the accused (see paragraph 14 below). In that same decision, relying on Article 467 § 3, second sentence, number 2 of the Code (see paragraph 15 below), it ruled that the accused’s necessary expenses were not to be borne by the treasury. The Regional Court reasoned as follows:
“... The accused had been convicted on 16 counts as an accessory to murder after 91 days of trial with a comprehensive taking of evidence. The conviction was based on a thorough examination of the evidence as to the facts and an assessment of all relevant legal aspects. Even though the conviction could not become final in the absence of a decision on the appeal on points of law, Article 467 § 1 of the Code of Criminal Procedure did not apply.
The procedural impediment occurred after the judgment convicting the applicant had been handed down. The duration of the trial, which had lasted for
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30 May 1991
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18. By a decision of 25 February 1987, which was made enforceable on the same day, the Torre Annunziata Magistrate upheld the validity of the notice to quit and ordered that the premises be vacated by
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27 April 2000
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17. On 22 July 2004 the Prikubanskiy District Court of Krasnodar delivered its judgment. It examined the log book of the military unit for the period between 14 and 16 December 1999, but found no record of the seizure of the applicant’s truck. The court heard evidence from two servicemen who had served in unit no. 3702 at the relevant time and who denied the presence of any alien truck in the base of the unit. On this basis, the court doubted the veracity of the information contained in the letter from Major-General V. (see paragraph 9 above) which stated that the truck was being kept at the base of military unit no. 3702. It noted that the letter had not referred to the sources of such information and that, in any event, the ownership of the truck in question remained unclear at that time. The court declined to calculate the amount of damages on the basis of the evaluation report of
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four months
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15. On 23 May 2001 the Deputy Minister of Justice (Staatssecretaris van Justitie), applying an accelerated procedure, rejected the applicant's request for asylum. His failure to submit any document capable of establishing his identity, nationality or travel itinerary was held to affect the plausibility of his statements. Moreover, the Deputy Minister considered that the applicant's account of his alleged escape lacked credibility: it was hard to believe that someone who had been kept in detention for
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10 November 2005
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11. On 10 November 2005 the applicant went to hospital to seek medical treatment. He was given certain medical advice for outpatient treatment verbally but was not given a written prescription. The doctor who examined him issued a medical certificate which read as follows, in the relevant parts:
“Full diagnosis: contusion (əzilmə) of the left leg, contusion (əzilmə) of the left upper arm.
According to the patient, at around 3 p.m. on 9 November 2005 he was injured during a demonstration... The patient received treatment and [medical] advice. This certificate was issued on
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14 November 2006
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12. On 14 November 2006 the applicant's mother applied for permission to visit the applicant in prison. Her application bears a note “refusal, witness in the case”, an illegible signature and the date of
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3 August 1999
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46. On 27 May, 1 June and 4 June 1999 the applicant, his wife and his lawyers lodged complaints with the Kyiv City Court, seeking to have the applicant medically examined. Hearings took place on 14 June, 15, 20, 27 and 29 July and
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1 October 2008
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9. On 22 July and 20 November 2008 the Świebodzin District Court decided to discontinue the criminal proceedings against the applicant due to his mental illness. The applicant’s state of health was confirmed by a medical certificate of
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9 April 2008
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10. On 1 March 2005 the first applicant was convicted of selling stolen goods and was given a three-month suspended prison sentence and fined 2,000 francs (CHF). On 15 October 2007 he was convicted of driving without a valid licence and sentenced to 80 hours of community service. On
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18 March 2013
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16. On 7 February 2013, with the aid of lawyers from the Jesuit Refugee Service (JRS) the applicants appealed against the decisions. The Refugee Appeals Board (RAB) informed the applicants that they had until
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4 July 2000
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18. On 23 June 2000 the Grozny Town Prosecutor's Office instituted criminal proceedings under Article 126 part 2 of the Criminal Code – kidnapping. Investigation case file no. 12073 was opened. The applicants' family was informed accordingly on
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8 August 1996
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23. From 9 to 28 February he was kept in Jilava Prison Hospital. On 22 February 1996 the psychiatric doctors from the Mina Minovici Forensic Medicine Institute examined the applicant and diagnosed him with a personality disorder. He was prescribed antidepressants. The diagnosis was confirmed by the same Institute on
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20 August 2001
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19. In the meantime, the applicant wrote numerous letters to the Ministry of Justice, the President's Office, the Ombudsman, the Parliament, and the Constitutional Court, complaining about non-enforcement of the judgment of
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31 March 2009
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11. On 21 November 2008 a prosecutor from the Ialoveni prosecutor’s office again dismissed the applicant’s complaint as ill-founded, on similar grounds as the first time. The applicant appealed, but his appeal was rejected by a hierarchically superior prosecutor on
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13 November 2002
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10. On 25 June 2004 the investigator in charge of the case issued a decision confirming the applicant’s arrest as a suspect (şübhəli şəxs kimi tutma haddında qərar). Thereafter, the applicant was questioned by the investigator as a suspect in the presence of his lawyer. According to the record of questioning of the same date, the applicant admitted that he had known about his accomplices’ intention to rob the victims on
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between 31 January 2000 and 6 February 2000
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184. On 30 March 2001 the applicant informed the NTV administration that he had received the video recordings of the NTV news broadcasts of 2 February 2000 at 11 p.m. and 3 February 2000 at 8 a.m., but that these did not contain the relevant news item. He requested the NTV administration to search for the news item reporting the arrest of four men in Diyarbakır and their subsequent taking into detention in Muş or Van in the television news programmes broadcast
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11 May 2006
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10. The applicant then lodged a constitutional complaint against the Administrative Court's decision. On 13 April 2006 the Constitutional Court (Ustavni sud Republike Hrvatske) dismissed the applicant's complaint and served its decision on his representatives on
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1 June 1994
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17. On 19 December 1996 the applicant, who claimed to be an heiress to I.Z., lodged with the Ljubljana Local Court (Okrajno sodišče v Ljubljani) a request to open inheritance proceedings in respect of the real estate restored by the denationalisation decision of
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29 January 2000
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67. On 4 March 2002 the military prosecutor of military unit no. 20102 decided to forward the criminal case for jurisdiction to the military prosecutor’s office of the Privolzhsk-Ural military circuit. The relevant parts of the decision read as follows:
“On
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February 2006
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15. On 20 December 2005 and 19 January 2006, respectively, the District Court ordered the defendant to pay an advance on the expert's fees and requested the parties' observations on his report. The parties submitted the observations in
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16 October 2006
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22. In July 2006 the applicant instituted proceedings against the newly created Energodar Bailiffs' Service (Державна виконавча служба у м. Енергодар – “the Bailiffs' Service”) in the Energodar Court, seeking compensation for the damage caused as a result of the failure to enforce the judgment. On
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up to a year
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34. The applicant submitted that except for a first visit by his family at the beginning of his detention, he communicated with them through a glass partition using an internal telephone. Such visits were limited to about two hours a month and no privacy was possible since five cabins for such visits were placed next to each other. All physical contact was excluded. Convicted persons were allowed much longer visiting times in separate meeting rooms without a glass partition. The applicant did not have such privileges because, although convicted of some offences, he was still on remand on other charges. He further stated that he had been denied visits by his family for long periods of time (
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29 November 2010
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17. The applicants joined the criminal proceedings instituted against the administrative board of the S. Clinic and the doctors practising within or in cooperation with it, and sought damages under domestic tort provisions for not being able to use the embryos. In an interlocutory judgment of
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30 January 2001
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23. On 9 March 2001 the Wittenberg District Court decided to transfer the sole custody of Christofer to the applicant pursuant to section 1672 (1) of the Civil Code (Bürgerliches Gesetzbuch). Based on Ms F.'s observations, on written submissions by and interviews with the parties as well as on a psychological report submitted by a certified pedagogue (pedagogic psychology) of the Sachsen-Anhalt Regional Youth Office (Landesjugendamt) dated
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10 September 2001
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19. Judge A.H., who had been a member of the District Court’s bench that had delivered the judgment of 26 December 2000, also sat in the District Court’s bench of 4 November 2005 that dismissed the applicant’s application. Judges V.C. and Sh.M., who had been members of the Court of Appeal’s bench that on
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30 December 1996
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51. The Court of Appeal notably found that it was in F.’s best interest to exclude the applicant’s right of access pursuant to Section 1634 § 2, second sentence, of the Civil Code (see paragraph 63 below). In reaching this conclusion, the court relied on the report dated
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1 September 1998
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23. On an unspecified date the case was remitted to the first‑instance court whereupon the latter held regular hearings. It appears that after the capture of Abdullah Öcalan[2] the applicants and some of the accused informed the court that they were on an unlimited hunger strike in protest. Moreover, in a number of hearings held after
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27 and 28 February 2006
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17. In its assessment the District Court observed that there was nothing to suggest that the information contained in the programme broadcast on 27 and 28 February 2006 had been false as such. It went on to state:
“The District Court finds that the script of the programme and the use of the footage from the trial concerning [K.U.’s] alleged economic offences and the diagram concerning [K.U.] taken together create an impression that [K.U.] had made himself guilty of a crime by investing his assets in the sports centre business. It has not been asserted directly that [K.U.] had committed an offence. The programme was structured around [K.U.] On the above grounds the District Court finds that a false insinuation was made concerning [K.U.] in the programme broadcast on
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from 10 September 2001 to 21 January 2002
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34. The Government submitted, with reference to prison records, that the applicant's detention in SIZO no. 4 had lasted from 20 April 2000 to 7 September 2001 and from 23 January 2002 to 13 March 2002, whilst his detention in SIZO no. 3 had taken place in between the mentioned terms,
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12 October 2000
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23. On 5 March 2001 the Moscow City Court upheld the decision of 30 January 2001. It found as follows:
“Pursuant to Article 97 of the Code of Criminal Procedure, pre-trial detention in criminal cases is limited to two months.
As it appears from the available materials, the criminal case was opened on
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